Rajesh Tandon, J.

Present appeal has been flied against the judgment and order dated 23-6-1989, passed by the Sessions Judge, Pithoragarh convicting the accused appellant for the offence punishable under section 302, 394 and 201 I.P.C. and sentencing him to undergo imprisonment for life under section 302 I.P.C., four years rigorous imprisonment and a fine of Rs. 1,000/- under section 394 I.P.C. and a fine of Rs. 1,000/- for the offence punishable under section 201 I.P.C. In default of payment of fine under section 394 I.P.C., the accused was further sentenced to undergo rigorous imprisonment for six months and in default of payment of fine imposed under section 201 I.P.C., accused was further sentenced to undergo rigorous imprisonment for four months.

2. Briefly stated the facts giving rise to the present appeal are that on 31-8-1988 at morning Smt. Kituri Devi had gone, to the forest for cutting fuel wood but she did not return till next day. Her husband contacted the villagers and hectic search was made. In the search, dead body of Smt. Kituri was found lying in a Naia in the jungle of Ban Panchayat. Her body was covered by leaves and branches of the tree. Her ornaments